COMMISSIONER OF INTERNAL REVENUE v. ICKELHEIMER

No. 69.

132 F.2d 660 (1943)

COMMISSIONER OF INTERNAL REVENUE v. ICKELHEIMER.

Circuit Court of Appeals, Second Circuit.

January 5, 1943.


Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Helen R. Carloss, and Robert R. Barrett, Sp. Assts. to the Atty. Gen., for petitioner.

Leon Lauterstein, Montgomery B. Angell, and Jesse B. Spiller, all of New York City, for respondent.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


SWAN, Circuit Judge.

In 1935 and 1936 the taxpayer purchased on the New York Stock Exchange, through a brokerage firm of which her husband was a member, certain bonds of the face value of $100,000. The bonds were paid for by her and were thereafter carried in the safe-custody account which she maintained with the brokerage firm. On various days during the latter part of September 1937 her husband, acting on her behalf under a general power of attorney, caused her...

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